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Section 17(6) and refusal notices

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Section 17(6) of the Act states that there is no need to issue a refusal notice if:

  • the authority has already given the same person a refusal notice for a previous vexatious or repeated request; and
  • it would be unreasonable to issue another one.

We will usually only accept that it is unreasonable to issue a further refusal notice if you have already warned the complainant that they will not receive any response to further requests on the same or similar topics, as in the case above.

When relying on section 17(6), you should keep written records clearly setting out the procedure you followed and your reasons for judging the request as vexatious. This should make it easier to evidence the reasoning behind your decision, if the requester decides to take the matter further.